Marijuana Possession Charges

If you have been charged with possession of marijuana, you may be feeling scared. The penalties depend on the severity of your charge. Here is what you need to know about marijuana possession charges.

Marijuana Possession Charges: Charged with Over 50 Grams of Marijuana

If you’re charged in the state of New Jersey with over 50 grams of marijuana in your possession, that case will be reviewed by the county prosecutor. If the county prosecutor wishes to prosecute that in the superior court, that’s up to them, and then you’ll have to go to the superior court to fight those charges. However, in my experience, I’ve seen many of those charges reduced by the county prosecutor to the municipal court, and then you’ll be facing a disorderly person’s offense. I’ve literally handled thousands of those cases so if you have a question about yours, give me a call.

Marijuana Possession Charges: Charged with Less than 50 Grams of Marijuana

If you’re charged with less than 50 grams in the state of New Jersey of marijuana, you have to report to the municipal court. You’re charged with a disorderly person’s offense, something that you’re not going to want on your record. What you should do is make sure you go to court and make sure that you contact an attorney. I’ve handled thousands of these cases throughout my career, and I can assure you that I’m familiar with the rules that pertain to charges such as this.

Marijuana Possession Charges: Marijuana DWI and Possession

In New Jersey if you’re charged with a DWI or DUI that’s based on marijuana, what we look for is whether or not they took blood or urine, and then if they did, whether or not there is marijuana in your system. We all know that marijuana stays in somebody’s system for approximately 30 days, so you could have ingested marijuana a very long time ago and not “been under the influence.” The key to the case is usually whether or not a police officer can establish that you were under the influence of marijuana at the time.

With marijuana cases, very often you’ll find that the police officer smelled marijuana in the vehicle. Very often, there’s a possession charge that goes along with it or a paraphernalia charge. Still, a possession or paraphernalia charge does not prove that you were under the influence at the time of the operation that the police officer pulled you over.

It’s important to understand that the performance on the field sobriety tests or whether or not the police used a drug recognition expert on a marijuana case, which is not required, are important and critical information to talk about with your attorney if you’re charged with a marijuana DWI in the state of New Jersey.

If you need representation for your marijuana possession charges, please contact our experienced New Jersey criminal defense lawyers as soon as possible to set up a free consultation.

Author: Carl Spector

New Jersey DUI Lawyer Carl Spector worked as an attorney in the Bronx County District Attorney’s office as an Assistant District Attorney for six years. This experience has allowed him to effectively and aggressively defend clients charged with all varieties of crimes and DWI / DUI.
For the past 30 years, New Jersey DUI Lawyer Carl Spector has been representing over 10,000 people that have been charged with crimes throughout New York and New Jersey, including Bergen County, Essex County, Hudson County, Passaic County, Morris County, and Union County. Carl Spector has served as an attorney in countless criminal and DWI / DUI matters with full control of initial investigations, trial planning, motions, discovery, legal research and courtroom appearances and trials.
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